Disagreement continues over who pays costs of Cushman Park easement

Thursday

Jan 10, 2013 at 10:38 AM

By Peggy Aulisio

By Peggy Aulisio

Editor

FAIRHAVEN — A homeowner who won an easement for a slice of Cushman Park that crosses his property is questioning why the town wants him to pay part of the costs, including filing fees and an appraisal.

Brad Souza of 188 Green St. said the charges are a reversal of an earlier decision by selectmen not to make him pay for legal and other costs.

Select Board Chairman Brian K. Bowcock said he'd contacted Mr. Souza Jan. 3 to tell him he would have to pay the costs for filing fees and an appraisal. He said he told Mr. Souza these costs didn't amount to much compared with about $6,000 in preliminary legal costs the town paid for researching the title and determining the extent of the land that encroaches onto Cushman Park in preparation for last spring's annual Town Meeting.

The small piece that belonged to Cushman Park before the easement was granted is an issue because it crosses Mr. Souza's front steps.

The disputed property came to the fore after Mr. Souza asked the Department of Public Works to cut down town-owned trees that were behind his fence. Executive Secretary Jeffrey Osuch said that request brought the property line dispute to the attention of the DPW.

Since then, selectmen have tried to resolve the easement in Mr. Souza's favor, but questions arose about who should pay for the legal and filing costs, especially during a time of stringent budget cuts.

On Monday, Mr. Bowcock said Mr. Souza's lawyer, Benjamin Dowling, will probably explain to Mr. Souza that the costs to him are minimal compared with what the town has paid.

"I think it will be resolved," he said.

But on Tuesday, Mr. Souza said he will only pay the recording fees at the Registry.

Mr. Souza said the decision to charge him was a reversal of an earlier vote by the board. He said the reversal only came about because "Hoppie from BPW is raising a ruckus about me not being charged for the easement."

Hoppie is Robert Hobson of the Board of Public Works.

Mr. Bowcock said that is not the case, however, He said selectmen only voted not to charge Mr. Souza for the initial costs of about $6,000 for legal work leading up to Town Meeting.

Town Meeting voted last May to authorize selectmen to seek the easement by petition to the state Legislature. The issue had to go to the state because it involves parkland.

The Legislature granted the easement in September, but it required the town to set aside some land as compensation. Mr. Bowcock said it just happened around that same day that a property owner on Washburn Avenue gave the town land that would qualify.

Mr. Bowcock said the state also required an appraisal, which he said might be to make sure the land swap is of equivalent value. But he said the Washburn Avenue property is worth far more than the small piece in the easement.

Mr. Souza said the decision to charge him at all is a further example of singling him out. He said other residents whose properties encroach on Cushman Park haven't been targeted this way.

Mr. Bowcock said it is possible that similar situations exist on other house lots around the park. He said Mr. Souza's only came to the surface after he asked the DPW to cut down trees down.